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BILLUPS v. CARTER

Record No. 040268.

604 S.E.2d 414 (2004)

268 Va. 701

Paula BILLUPS v. Cameron CARTER, et al.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

Edward M. Wayland (Steven D. Rosenfield; Rosenfield & Wayland, on briefs), Charlottesville, for appellant.

Joel C. Hoppe, Assistant Attorney General; David M. Barredo (Jerry W. Kilgore, Attorney General; Richard L. Savage, III, Deputy Attorney General; William W. Muse, Senior Assistant Attorney General; John P. Cattano, on briefs), for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

RUSSELL, Senior Justice.

Paula Billups (the plaintiff), a prisoner at the Fluvanna Correctional Center for Women (the center), brought an action under 42 U.S.C. § 1983 in the trial court against the Virginia Department of Corrections (VDOC) and Cameron Carter, formerly a supervisor in the kitchen at the center and an employee of VDOC. The claim against Carter included a count for assault and battery. That action was filed on December 23, 2002. On January 24,...

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